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Spruill files appeal with Miss. Supreme Court

Attorney Jim Mozingo filed an interlocutory appeal on behalf of Starkville Mayor Lynn Spuill to the Mississippi Supreme Court, which was previously approved by the Oktibbeha County Circuit Court.

In the appeal’s introduction, it refers to two issues existing in the case.

The first issue says after citing Chandler v. McKee, the special judge has jurisdiction to hear Johnny Moore’s petition despite having failed to proceed before the Starkville Municipal Democratic Executive Committee on his petition though the committee scheduled, and was prepared to hear Moore’s petition within the time allotted by the statute and a time which Moore did not object.

The second issue is the court ruled Moore may proceed with all matters presented to the committee despite recognizing Moore’s issues had not been “presented with specificity”, as required by law, and despite Moore’s failure to proceed before the committee at all.

Overall the appeal challenges Moore’s ability to skip and ignore the requirement of Miss. Code and he present specific exceptions before the committee before he proceeds to suit in Circuit Court.

Special Judge Barry Ford, who was appointed by the Mississippi Supreme Court in mid-June to oversee the hearing, denied Spruill’s motion to dismiss Moore’s request for judicial review in Oktibbeha County Circuit Court in July.

According to the circuit court’s document, it approved the request of the plaintiff to review the ballot boxes presently in the custody of the City Clerk of Starkville and make copies of the nine affidavit ballots and their envelopes, all the absentee ballots and their envelopes and voter receipt books.

All other requests of the plaintiff for inspection of the ballot boxes and copying their contents have been denied.

Despite the challenge moving forward, Spruill still holds Starkville’s highest office after being sworn in on July 3.